Overarching purpose duties. A party must conduct a civil proceeding, including settlement negotiations, in a way that is consistent with the overarching purpose of just, quick, inexpensive and efficient resolution (ss 68(1), 191(1)). A lawyer must take account of that duty and assist the party to comply with it (ss 68(2), 191(2)). The Court, in exercising costs discretion, must take into account any failure to comply with these duties, and may order the lawyer to bear costs personally; the lawyer cannot recover those costs from the client (ss 68(4)-(6), 191(4)-(6)).
Case management powers. The Court or a Judge may give binding directions on practice and procedure, including time limits, limits on evidence and documentation, requirements for written submissions, and waiver or variation of Rules of Court (ss 69(1)-(2), 192(1)-(2)). Non‑compliance may lead to dismissal, striking out, disallowance of evidence, or costs orders including indemnity costs (ss 69(3)-(4), 192(3)-(4)).
Chief Justice and Chief Judge administrative duties. The Chief Justice is responsible for managing the administrative affairs of Division 1, excluding corporate services (s 78). The Chief Judge holds the equivalent responsibility for Division 2 (s 245). Both must work cooperatively to ensure common rules, forms, practices and procedures, and common approaches to case management in family law and child support proceedings (ss 70, 75, 193, 216). The Chief Executive Officer assists both (ss 84, 250). The Chief Justice may appoint advisory committees (s 82) and delegate administrative powers to other Judges (s 77); the Chief Judge has equivalent powers (ss 249, 275).
Complaint handling. The Chief Justice or Chief Judge may handle a complaint about a Judge of their Division if they hold a “relevant belief” (circumstances that may justify removal under s 72(ii) of the Constitution, or that may adversely affect performance of judicial duties or the court’s reputation): ss 48(1), 145(1). Complaint handlers and those assisting have the same protection and immunity as a Justice of the High Court (ss 110, 277).
Delegation and review. Where Rules of Court delegate judicial powers, the delegate acts independently (ss 99, 255). A party may apply for review of the delegate’s exercise of power; the Court may also review on its own initiative and make any order it thinks fit (ss 100(1)-(2), 256(1)-(2)). If a delegate considers it inappropriate to determine an application, they must arrange for it to be heard by a Judge (ss 100(3), 256(3)).
Representation. A party is not entitled to be represented in either Division unless the representative is entitled to practise in a federal court under the Judiciary Act 1903, authorised by regulations or another Commonwealth law (ss 57, 175).
Marshal, Sheriff and policing. The Division 1 Marshal serves and executes process, provides security, and handles custody (s 104). In Division 2, service and execution of process rests with the Sheriff, while the Marshal has security and custody duties (ss 260, 262). Arrest powers may be exercised only by a person authorised by law; force must be reasonable and must not cause death or grievous bodily harm except to protect life or prevent serious injury (s 271).
Dispute resolution obligations (Division 2). The Court must consider advising parties about available dispute resolution processes; if a process may help, it must advise the parties and may adjourn to enable attendance (ss 157, 158). A legal practitioner must consider whether to advise a client on using dispute resolution (s 159). Referral to mediation is possible without consent, but evidence of anything said or admitted is inadmissible (s 169(4)).
Appeal rights and constitution. An appellant has the right to a Full Court hearing for appeals from a single Division 1 Judge or a State Family Court/Supreme Court (s 32(1)(b)). For appeals from Division 2 or the Magistrates Court of Western Australia, the default is a single Judge unless the Chief Justice directs a Full Court (s 32(1)(a)). The appellate court may affirm, reverse, vary or remit; it may exercise powers in favour of any party including non‑appellants (s 36(1), (4)). An appeal may be determined without an oral hearing if parties consent; consent may only be withdrawn with leave (s 33). No appeal lies from a consent order disposing of an appeal or from procedural directions (s 32(8)).
Suppression orders (Division 2). An applicant, all parties, the Commonwealth, State and Territory governments, news publishers and any person with sufficient interest are entitled to appear and be heard on a suppression or non‑publication order application (s 232). The order must be no longer than is reasonably necessary to achieve its purpose (s 234).
Vexatious proceedings leave. A person subject to a vexatious proceedings order may apply for leave to institute a proceeding. The application must be accompanied by an affidavit that lists all previous leave applications and all other proceedings in any Australian court or tribunal (s 242(3)). The application must not be served unless the Court directs (s 242(4)). If the affidavit does not substantially comply or if the proposed proceeding is vexatious, the application must be dismissed (s 243).